HomeMy WebLinkAbout01 - MinutesMay 10, 2016
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
April 26, 2016
I. ROLL CALL - 4:00 p.m.
Present: Council Member Peotter (arrived at 4:03 p.m.), Council Member Duffield, Council Member
Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor
Dixon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - Noxxve'
SS2. Presentation Regarding the Heroes Hall Veterans Museum at the OC Fair and Events
Center — Heroes Hall Veterans Foundation
Nick Berardino, President of the Heroes Hall Veterans Foundation, and Michele Richards, Vice
President, displayed a PowerPoint presentation regarding Heroes Hall at the OC Fair and
Event Center. Ms. Richards explained that the Hall was dedicated to veterans as seen through
their eyes and told through their voices. She provided an overview of the transition from an Air
Base to Fair Base. Mr. Beradino discussed the importance of honoring veterans. He stated that
11th grade students would utilize the Hall as an educational opportunity. He reported that the
City of Costa Mesa and County of Orange each contributed $25,000 to assist with the Hall and
requested that Newport Beach contribute $25,000 to the Heroes Hall Foundation.
Mayor Pro Tem Muldoon indicated support for the cause and requested the matter be placed on
a future agenda.
Council Member Curry indicated support for the recommendation.
SS3. California Business Officials Presentation
Ron Takiguchi, City of Santa Monica Building Official and President of the California Building
Officials, explained the purpose of the organization. He presented the Building Department of
the Year Award to Deputy Community Development Director Jurjis for the commendable work
done by the department. Deputy Community Development Director Jurjis thanked Council for
setting the standard for staff, the City Manager and Community Development Director Brandt
for supporting staff, and the Building Division staff for its hard work.
Council Member Peotter congratulated the Building Division.
Mayor Dixon thanked staff and congratulated the Building Division.
SS4. "Building Safety Month" Proclamation
Mayor Dixon read the proclamation and presented it to Deputy Community Development
Director Jurjis. Deputy Community Development Director Jurjis reminded residents about the
importance of implementing Building Codes to ensure economic sustainability and energy
conservation.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
SS5. Encroachments onto the Oceanfront at Balboa Peninsula Point
Deputy Community Development Director Wisneski presented a PowerPoint presentation
explaining the Coastal Commission notices of violations issued to 15 properties, encroachment
types, background on the City's efforts to remove the violations, and potential solutions. She
suggested that the City take the lead role to provide a comprehensive solution and remove
unpermitted development beyond the 15 -foot area. She discussed the encroachment program in
West Newport. She explained the ownership provisions, the $210,000 remediation cost estimate
which would be reimbursed by the residents, discussed the proposed policy requiring a Land
Use Plan (LUP) and Council policy amendment, reviewed the West Newport Encroachment
program, discussed potential revenue from the encroachment permit program to be utilized to
mitigate the loss of public access, and requested Council input on potential public access
opportunities.
Council Member Petros stated that the Coastal Commission initiated the violations and
accepted the proposed concept.
Jim McGee, representing the Peninsula Point Oceanfront Encroachment Committee
homeowners, presented a letter summarizing the history of the encroachments. He stated that,
in 1985 and 1989, the City documented the encroachments and created City Council Policy L-12.
He stated the Encroachment Policy applied to the entire beach with the exception of the 81
Peninsula Point properties. He discussed City issued violation letters which were resolved,
until 2012 when the Coastal Commission issued violation letters. He explained that the 15 -foot
encroachment area was owned by the City. He suggested a united approach between the City
and residents with the Coastal Commission. He requested the same rights as provided to the
residents of West Newport for the purpose of preventing sand from getting into the residences.
He discussed prior City action to resolve the situation and stated that it would be difficult to
assess homeowners for removal of encroachments that may have been installed by a prior
homeowner.
Matt Holder, Peninsula Point resident, stated that he is a strong advocate of private and public
property rights. He urged the Council and Coastal Commission to open all beaches to the
public. He discussed permanent structures within the encroachment area. He stated that most
of the improvements go beyond the 15 -foot area, the public beach belongs to everyone and people
should not feel as if they were trespassing, and sand blowing should be expected with ocean
front homes.
George Schroeder discussed the 1991 Council meeting regarding the issue and believed that the
Peninsula Point residents should have the same rules as West Newport. He expressed the
opinion that the residents have been using the land inappropriately, but there was no harm in
allowing the encroachment and collecting the fees.
Tom Ahern encouraged the Council to consider not just the encroachment, but consider
extending the boardwalk to the Wedge. He discussed the dangerous conditions of bicycle riding
on the sidewalks and encouraged Council to allow people to go to the Wedge not via the streets.
Bruce Akins, Co -Chair of the Encroachment Committee, thanked the City for its support to
come up with a solution. He discussed the diversity of the homeowners, but stated that they all
wanted to work to bring the encroachments back to the 15 -foot limit. He requested that Council
support the proposed concept.
Chuck Unsworth, Co -Chair of Encroachment Committee, expressed support for Mr. McGee's
comments. He thanked Council for its support.
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Rick Matros encouraged Council to accept Mr. McGee's proposal.
Brian Ouzounian requested discussion on the use of funds for extending the bike path on the
boardwalk to the Wedge. He suggested sending a postcard to residents to determine support for
extending the boardwalk or placing the matter on the ballot. He discussed emergency
evacuation for the Peninsula, the pier restrooms, and safety issues with riding bicycles on the
sidewalks.
W. R. Dildine encouraged extending the boardwalk to the Wedge.
Wendy Tannenbaum expressed concern about extending the boardwalk and the impact it would
have to her home.
In response to Mayor Pro Tem Muldoon's questions, Deputy Community Development Director
Wisneski reported that the 15 -foot easement would be considered a private encroachment. City
Attorney Harp explained that the encroachment would be leased to the resident and they could
decide to exclude others from the area. Deputy Community Development Director Wisneski
explained the difference between pressurized irrigation and non -pressurized irrigation. Mayor
Pro Tem Muldoon indicated that he is inclined to support the encroachment, but would prefer
the funds be used for parking and driving rather than more pavement on the beach.
Council Member Selich asked if the five lots were dedicated in -fee as public right-of-way.
Deputy Community Development Director Wisneski stated that the lots adjacent to the
tidelands were owned by the City in fee. City Attorney Harp added that the purpose of the
dedication was for eventual road use.
Council Member Selich asked if the property could be abandoned and returned to the adjacent
property owners. Deputy Community Development Director Wisneski indicated that the City
Attorney's Office determined that release of the land would require a vote of the people. City
Attorney Harp explained the Charter provision requiring a vote of the people to release property
adjoining the ocean or bay. Deputy Community Development Director Wisneski explained the
recorded documents related to the properties, the diagram depicting the properties in question
and the location of the tidelands, and displayed the West Newport Encroachment Program
diagram. Council Member Selich noted that West Newport was so clearly diagramed but the
Peninsula area was not.
Council Member Petros indicated support for moving forward, in concept, with the overall
removal plan. He suggested that the Coastal Commission determine the provision of access to be
used for the collection of the fee.
Council Member Curry indicated support for the proposed recommendation.
Council Member Peotter agreed with implementing the 15 -foot easement and come back to
Council with potential use of fees.
Mayor Dixon stated that there was a general consensus to come back with a plan, a robust list
of amenities or ways to allocate the revenues, such as enhanced parking, on-off Peninsula/traffic
mitigation, or use of a shuttle program. He discussed the need for equity with West Newport
and having the Coastal Commission suggest public access.
SS6. A Newport Beach Sustainability Plan
Community Development Director Brandt stated that the plan was created by a citizen's
steering committee and former Mayor Nancy Gardner would present the plan.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
Nancy Gardner suggested education, awareness and support, and encouragement for
environmental sustainability efforts. She discussed the use of recycled water and suggested
studying the best opportunities. She believed that a plan would provide efficiency and satisfy
environmental agencies. She stated that the plan was not anti -business and businesses were
included in shaping the plan.
Steve Rosansky, President of Newport Beach Chamber of Commerce, indicated support for the
proposed sustainability plan.
Ms. Gardner requested the Council formally consider the plan.
Council Member Curry commended Ms. Gardner for presenting the plan and agreed with
moving forward with reviewing the plan.
Mayor Pro Tem Muldoon indicated support for the plan, but stated that the City should not be
involved.
Council Member Selich stated that he was in favor of moving forward.
Council Member Peotter stated that the energy and building code already includes many of the
provisions, and expressed concern with creating a government program.
Council Member Duffield stated that the plan was thorough and appreciated the incentive
model. He indicated support with proceeding.
Council Member Petros stated that he had seen sustainability plans throughout the State, was
pleasantly surprised to see the proposed plan provided incentives and dovetailed in with
existing programs, applauded the effort, and was relieved that the Chamber supports the plan
unanimously.
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Mayor Dixon agreed with identifying the things the City does, suggested short term education
and long term incorporation into the General Plan, and requested that the City Manager
provide information on how the plan could be incorporated into the current work plan.
Jim Mosher applauded the presenters for the time and effort for preparing the document;
however, expressed concern that the thought and debate were not open to all. He suggested
that the plan be subjected to more thorough and open public review, and suggested the issue go
before the City's Environmental Quality Affairs Committee (EQAC).
George Schroeder expressed appreciation for Ms. Gardner's efforts and proposed having an
incentive driven plan, but expressed concern about cost of implementation.
It was the consensus of Council to direct staff to bring back the matter at a future meeting.
III. PUBLIC COMMENTS
Jim Mosher thanked the Council for clearly identifying the negotiating party in the Closed Session
agenda. He discussed Supervisor Steel's proposal to allow off leash dogs on the County beach property,
and expressed concern regarding the Council attending the introduction of legislation at an unnoticed
meeting prior to public debate.
IV. CLOSED SESSION - 5:32 p.m.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager, and Barbara Salvini, Human
Resources Director.
Employee Organizations: Part -Time Employee Association of Newport Beach (PTEANB).
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
VIII. CLOSED SESSION REPORT - None
IX. PLEDGE OF ALLEGIANCE - Council Member Pet
X. INVOCATION - Ms. Ali, Orange County Islamic Foundation
MW
XI. NOTICE TO THE PUBLIC %Ift
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Petros announced that the Fiscal Year 2017 Special Event Support Grant Applications
are due on May 2, 2016, at 4:00 p.m. He also reminded residents that Caltrans maintenance work
would occur on Coast Highway between the Santa Ana River and Newport Boulevard beginning May 2,
2016, for two weeks.
Council Member Curry announced that the Civic Center was named for having the best public art by
OC Weekly Magazine.
Council Member Duffield discussed the winner of the Ensenada Race.
Mayor Dixon encouraged residents to support the Newport Beach Film Festival. She announced that
the next Town Hall Meeting will be held on May 2, 2016, 6:30 p.m. at Marina Park. She discussed the
upcoming Board and Commission Application Workshop on May 5, 2016, from noon to 1:00 p.m. in the
Newport Coast Conference Room at City Hall.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher stated that there was a discrepancy on the charts for Item 9 (Update on City's Water
Conservation Efforts.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 12, 2016 Regular Meeting [100-20161
Waive reading of subject minutes, approve as amended, and order filed.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Adoption of Ordinance No. 2016-7 Approving Code Amendment No. CA2013-009 and
Ordinance No. 2016-8 Approving Planned Community Development Plan No. PC2011-001
for the Back Bay Landing Project Located at 300 East Coast Highway (PA2011-216) [100-
2016]
a) Conduct second reading and adopt Ordinance No. 2016-7, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Revised Code Amendment No. CA2013-009 for
the Planned Community Known as Back Bay Landing (PA2011-216); and
b) Conduct second reading and adopt Ordinance No. 2016-8, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Revised Planned Community Development
Plan Adoption No. PC2011-001 for the Planned Community Known as Back Bay Landing
(PA2011-216). - -
Council Member Duffield recused himself from this item due to a potential business
relationship.
CONTRACTS AND AGREEMENTS
4. Corona del Mar Pocket Park - Notice of Completion and Acceptance of Contract No. 6042
(15P15) [38/100-20161
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
Corona del Mar Concrete Pavement Reconstruction - Poppy Avenue and Ocean
Boulevard Approval of Professional Services Agreement with Rick Engineering (171112)
[38/100-20161
Approve Amendment No. 3 to the Professional Services Agreement (PSA) (C-5866) with Rick
Engineering Company of Lake Forest, California, for the Corona del Mar Concrete Pavement
Reconstruction - Poppy Avenue and Ocean Boulevard project at a not -to -exceed price of $196,370.00,
and authorize the Mayor and City Clerk to execute the amendment.
6. Agreement with the Laguna Beach County Water District [38/100-2016]
Continue.
7. Lease Agreement Between the City of Newport Beach and Trico Newport Properties, LP,
Authorizing the City to Lease Space at 868-870 West 16th Street for Interim Recreation
Classrooms [38/100-20161
a) Find the execution of the Lease Agreement is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment; and
b) Approve and authorize the Mayor and City Clerk to execute a five-year lease agreement with
Trico Newport Properties, LP, in substantially the same form as the attachment to the staff
report
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
MISCELLANEOUS
9. Update on Water Use and Conservation Efforts March 2016 [100-2016]
Receive and file.
10. Orange County Transportation Authority Senior Mobility Service Plan Approval [100-
2016]
Approve the OCTA Senior Mobility Service Plan to include new guidelines established by the OCTA
Board of Directors.
11. Appointments to the Aviation Committee [100-2016]
a) Confirm Mayor Dixon's appointment of Warren Wimer as the District 1 Alternate Member to
the Aviation Committee;
b) Confirm Mayor Pro Tem Muldoon's appointment of W. David Cook as the District 4 Alternate
Member to the Aviation Committee;
c) Confirm Council Member Peotter's appointment of Lauren Kleiman as the District 6
Representative Member to the Aviation Committee; and
d) Confirm Mayor Dixon's appointment of John Youngblood as the General Aviation Community
Member to the Aviation Committee.
12. Appointment by Mayor of Ad Hoc Appointments Committee to Review Applications and
Make Recommendations to the Full Council for the Board and Commission Vacancies
[100-20161
a) Confirm Mayor Diane Dixon's appointment of Mayor Diane Dixon, Mayor Pro Tem Kevin
Muldoon, and Council Member Tony Petros to serve on the Ad Hoc Appointments Committee to
review applications and make recommendations to the full City Council for the Board and
Commission vacancies; and
b) Direct the City Clerk to post and publish a Vacancy Notice requesting that applications be
submitted by noon on Wednesday, May 11, 2016; schedule confirmation of nominees to be
made on June 14, 2016; and make appointments on June 28, 2016.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Petros, to approve the
Consent Calendar, except for the items removed (Items 8 and S18); and noting the continuance of
Item 6 and the recusal by Council Member Duffield to Item 3.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XV. ITEM REMOVED FROM THE CONSENT CALENDAR -
8. Agreement for Window Washing and Exterior Cleaning Services for Newport Beach Civic
Center, Police Department Headquarters and Marina Park [38/100-20161
Council Member Peotter discussed the $60,000 annual cost to clean the glass at City Hall.
Motion by Council Member Peotter, seconded by Council Member Petros, to approve and
authorize the Mayor and City Clerk to execute the Maintenance Service Agreement with Crown
Building Services, Inc. for window washing and exterior cleaning services for the Civic Center,
Police Department Headquarters and Marina Park for five years with a total amount not to exceed
$294,775.
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Study Session and Regular Meeting
April 26, 2016
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
S18.Big Canyon Habitat Restoration & Water Quality Improvement Project: Approval of
Amendment No. 2 to the Burns & McDonnell Professional Services Agreement [38/100-
20161
Deputy Public Works Director Vukojevic explained the need for amending the agreement due to
input from outside agencies and environmental documentation. He stated the project was fully
funded by two grants.
Motion by Council Member Peotter, seconded by Council Member Curry, to approve
Amendment No. 2 to the Burns & McDonnell Professional Services Agreement to perform additional
planning and design tasks for the Big Canyon Habitat estoration & Water Quality Improvement
project for a "not -to -exceed" fee of $123,856.00.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Craig Sheets presented a list of methamphetamine labs in Orange County. He believed that the Air
Force and Navy were extraditing cocaine into the Country, FEMA death camps would toss bodies in
water reserves, and motor oil was being cleaned for food grease. He stated that he uses a Geiger
counter at restaurants and discussed ant colonies and estrogen breakdown.
Jonathan Patterson expressed concern regarding the accuracy of the motion in the Parks, Beaches &
Recreation (PB&R) Commission minutes related to the dog leash laws. He requested that Council
review the matter.
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Mike Glenn addressed the Council regarding the dog beach issue and read the motion to review the off
leash dog code or laws. He requested that Council review the audio.
Council Member Curry stated that the dog beach will be before Council at an upcoming meeting.
Mayor Pro Tem Muldoon asked how the minutes could be reviewed. City Attorney Harp stated that the
Commission could determine if the minutes accurately reflected the action. City Manager Kiff indicated
that the Commission has already approved the minutes.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVIII. PUBLIC HEARING
13. East Balboa Lot Reorientation (PA2016-010) - 1902 East Balboa Boulevard - Tentative
Parcel Map No. NP2016-002 (County Map No. 2015-188) - Zoning Code Amendment
No. CA2016-001 [100-20161
Community Development Director Brandt discussed the item and noted an addendum to the exhibit
in the parcel map resolution.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
Mayor Dixon opened the public hearing. There being no testimony, she closed the public
hearing.
Motion by Council Member Petros, seconded by Council Member Selich, to a) find the
proposed tentative parcel map and code amendment categorically exempt pursuant to Section 15303
and Section 15315, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New
Construction or Conversion of Small Structures) and Class 15 (Minor Land Divisions); b) adopt
Resolution No. 2016-53, A Resolution of the City Council of the City of Newport Beach, California,
Approving Tentative Parcel Map No. NP2016-002 for 1902 East Balboa Boulevard (PA2016-010);
and c) introduce Ordinance No. 2016-9, An Ordinance of the City Council of the City of Newport
Beach, California, Approving Code Amendment No. CA2016-001 Amending Setbacks for Property
Located at 1902 East Balboa Boulevard, and pass to second reading on May 10, 2016.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro em Muldoon, Mayor Dixon
XIX. CURRENT BUSINESS A
14. Overview of Proposed General Plan Amendments in Newport Center [100-20161
Community Development Director Brandt explained the purpose of the item was to discuss the
framework in which the proposed General Plan Amendments would be considered. She defined a
General Plan and presented the land use diagram, explained the authorization and requirements
for General Plan Amendments and Charter Section 423 (Greenlight initiative), discussed the
statistical areas and threshold limits, and presented an overview of the pending General Plan
Amendments in Statistical Area L1, Newport Center with the Museum House and 150 Newport
Center Drive projects. She corrected the staff report relative to the number of units allowed in the
Newport Center and explained the next steps for the pending General Plan Amendments.
Martin Brower discussed the need for condominiums in Newport Center. He suggested that
developers propose development agreements and Council consider both projects together while
including public benefit.
Susan Skinner discussed the Greenlight initiative and disagreed that it only applied to General
Plan Amendments. She believed the purpose was to allow large projects to be voted upon by the
people and that the San Joaquin projects should be counted in the total development footprint. She
requested that Council allow the voters to vote on both the Museum House and Newport Center
projects.
Marco Popovich, President of Stop Polluting Our Newport (SPON), believed that the Museum House
and Carwash project exceeded the character of the City and should be voted on by the people.
Kacey Taormina, Big Canyon resident and Surterre Properties realtor, discussed the need for the
proposed residences. She suggested a comprehensive review and comparison of public benefits.
John Petrie stated that he was a Greenlight initiative supporter and questioned the logic behind the
20% reduction of the bucket. Community Development Director Brandt stated it was a requirement
of the City Charter. Council Member Peotter added that Greenlight supporters wrote that into the
law.
Teri Kennady, Big Canyon resident, requested that Council consider all pending major projects
simultaneously.
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April 26, 2016
Craig Wells, Orange County Museum Association President and Chairman of the Board of Trustees,
discussed efforts to enrich the lives of the changing, diverse community. He stated that the
Museum Project was critical to serve the needs of the County. He requested that Council consider
both projects at the same time.
Dennis O'Neil, representing 150 Newport Center Project, expressed concern about the order the two
projects would be considered and suggested that the existing order be followed.
Lorian Petry believed that it is important to consider the intent of the General Plan, indicated that
no additional units were permitted under the General Plan, discussed the proposed art museum,
and believed that all projects should be delayed until the traffic patterns from the San Joaquin
project were known.
Jim Warren believed consideration of the two projects should be slowed down and carefully
considered.
Nancy Skinner believed that the General Plan was a balance between slow growth and no growth
and large amendments should be put to a vote, the Greenlight Initiative required review of projects
in the order of submission, and that large projects should provide a public amenity.
Jim Mosher questioned how the golf course club house was expanded without increasing vehicle
trips. He questioned how the General Plan could be amended without voting to amend it.
Council Member Selich discussed the two staff recommendations. He stated that Council should not
be provided direction on timing and it should follow the existing process. He commended the
Planning Commission.
In response to Council Member Peotter's questions, Community Development Director Brandt
explained that the increase in units at the San Joaquin project was a result of a conversion in
transfer from Marriot Hotel rooms, resulting in 79 dwelling units. She discussed the traffic analysis
for the project and that it was determined to produce no increased traffic. Council Member Peotter
believed that the traffic study did not take into account whether it was a hotel room or
condominium unit. He stated there were no local improvements needed to address impacts because
there were none. He asked if the Council was able to establish a "contest" to determine which
project had more community benefit in order to decide the allocation of the Greenlight units.
Community Development Director Brandt explained the development agreement process.
City Traffic Engineer Brine stated that there was a Traffic Phasing Ordinance (TPO) study
completed that incorporated the 79 units, determining no impacts to the intersections in the area.
In response to Council Member Peotter's questions, Community Development Director Brandt
explained that the General Plan allowed transfers within certain defined areas. She explained
documentation of transfers and conversions. Council Member Peotter asked if Council could require
review of public benefits prior to reviewing the two project applications. He asked if the two
projects could be evaluated simultaneously before requiring a vote of the people. City Attorney Harp
stated the development agreements would be included in the project review.
Motion by Council Member Selich, seconded by Council Member Petros, to a) receive
information on the anticipated public hearing schedules for the two pending General Plan
amendment applications in Newport Center, and general background information on the General
Plan amendment process; and b) allow natural process with the Planning Commission.
Substitute motion by Council Member Peotter, seconded by Mayor Pro Tem Muldoon, to
evaluate the public benefit and review both projects simultaneously.
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April 26, 2016
Council Member Curry believed this to be either a shakedown or lobbying issue. He indicated that
the process needed to be followed and then evaluate all of the benefits and impacts as the
applications proceed through the process.
Council Member Petros discussed due process and believed it should not be interfered with. He
believed that the projects should be taken in the order of submission.
Mayor Dixon agreed with Council Members Selich and Petros and stated the natural process should
flow.
The substitute motion failed by the following roll call vote:
Ayes: Council Member Peotter and Mayor Pro Tem Muldoon
Nays: Council Member Duffield, Council Member Selich, Co cil Member Curry, Council Member
Petros, Mayor Dixon
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
15. Sunset Ridge Park Coastal Development Permit Amendment Application for Access Road
and Parking Lot (17P13) [100-20161
Public Works Director Webb provided the history of Sunset Ridge, including the conceptual plan
approved March 23, 2010 and existing conditions since December 6, 2014. He discussed the
Banning Ranch proposed A Street (Bluff Road) and access road connection to Sunset Ridge Park,
presented the proposed parking lot, discussed the Environmentally Sensitive Habitat Area (ESHA),
concerns regarding visibility and indicated no views would be blocked, summarized the community
outreach meetings and design concessions, and discussed the timeline and next steps.
Council Member Peotter asked if Banning Ranch had to be approved prior to submittal. Public
Works Director Webb explained that the road would connect to the approved project. Council
Member Peotter stated that the City's application would include the parking lot and access road to
the approved Banning Ranch Road.
Nancy Skinner expressed concern regarding the loss of public parking for the beach.
Ginny Lombardi suggested that the lot be designed as a drop off/pick up lot only, the City pursue
constructing a pedestrian bridge overpass and parking options on Newport Banning Ranch
property, and urged Council to mitigate the public's concerns.
Brett Eckles discussed his involvement in AYSO and the need for field space. He believed that the
current parking situation in the Superior lot does not work due to safety issues, and requested that
Council consider moving forward with staffs recommendation.
Jim Cassidy requested that the Imo Loa Court residents be included in the process, noting his
opposition since his home overlooks the proposed parking lot. He recommended that Council
consider installing a flashing crosswalk and prohibit right turns on red.
Dennis Conway presented a letter to Council. He discussed the environmental impact reports and
process, stated the park was approved without the parking lot, and requested that Council respect
the process.
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Study Session and Regular Meeting
April 26, 2016
Sheila Koff believed that the current design was adequate and recommended not adding parking
due to safety concerns.
Rob Moddelmog believed that the parking lot was a farce to access Banning Ranch, suggested the
possibility of a pedestrian bridge, and stated that a biologist had informed him that the area is
ESHA.
George Schroeder stated that the parking lot was tied to the Banning Ranch project approval,
believed that the parking lot was necessary for the park, and requested that Council approve the
parking lot.
Shawn Safieddin discussed his recent purchase of his property and the impact to his property value
if the parking lot was built. He stated that he had been told the existing parking lot was unsafe and
a pedestrian bridge was cost prohibitive. He stated that it is necessary to remedy the safety issue of
the existing parking lot.
Lesia Munday, Newport Crest resident, discussed safety issues with building the proposed parking
lot, including after hour activity and access to nearby residents. She stated that it is necessary to
improve safety from the existing parking lot. OMINLA
Joe Munday, Newport Crest resident, believed that the use and building of a parking lot would
negatively impact the nearby residents and increase air pollution. He provided statistical data on
air pollution and questioned whether the City is prepared to mitigate the impacts.
Stan Rosenthal discussed his experience at the park and suggested building an additional parking
lot at Sunset View Park with a bridge in order to correct traffic safety on Superior.
Don Skrede, Newport Crest resident, discussed the Banning Ranch project and access road. He
expressed concern about elevation of the entrance road, noise from the bluff and buildings, and the
Newport Crest Access gate.
Steve Ray, Executive Director of the Banning Ranch Conservancy, discussed successful efforts to
convert the Sunset Ridge Park property from condominium development to a park. He believed
that the City used the park for the Banning Ranch development. He stated that the Bluffs Road
might never be built into Banning Ranch and discussed proposed alternatives presented to City
staff. He believed that the exiting conditions could be safer.
Robert Lasky discussed traffic on Superior. He expressed concern with speeding, noise and air
pollution, particularly from motorcycles. He suggested that the overall impact to the community be
considered and suggested a go slow approach.
Seychelle Cannes suggested consideration of the bluff road be deferred until the Banning Ranch
project is heard.
Council Member Petros asked how many parks had adjacent parking lots and were adjacent to
residential neighborhoods. Recreation and Senior Services Director Detweiler stated that nearly all
parks had adjacent parking lots and were nestled into neighborhoods. Deputy Recreation and
Senior Services Director Levin discussed the listing of all parks and encouraged residents to visit
the parks and see similar situations.
Mayor Pro Tem Muldoon asked how many spots were across from Sunset Ridge Park. Public Works
Director Webb stated that there were 64 metered spots and 92 unmetered spots are being proposed
that would be controlled by Park Enforcement. He stated limited time parking would be
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
implemented if beach parking became an issue. Mayor Pro Tem Muldoon indicated support for
constructing a bridge.
Council Member Petros discussed his meetings and input on parking issues, stated that a parking
lot was necessary for access for families and safety of young people, suggested that the parking lot
be open from dawn to dusk, discussed the possibility of a drop off zone and suggested considering
that as an alternative, and emphasized that the parking lot was not a precursor for the Banning
Ranch bluff road.
Motion by Council Member Petros, seconded by Council Member Selich, to a) adopt
Resolution No. 2016-54, A Resolution of the City Council of the City of Newport Beach, California,
Certifying an Addendum to the Final Environmental Impact Report for the Sunset Ridge Park
Project (State Clearinghouse No. 2009051036) and Approving the Modified Park Public Access Road
and Parking Lot for Sunset Ridge Park; and b) authorize City staff to submit a CDP Amendment
application to the California Coastal Commission for the construction of a park public access road
and parking lot for Sunset Ridge Park.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Dixon
Nays: Mayor Pro Tem Muldoon
16. Lower Sunset View Park Conceptual Design - Approval of Professional Services
Agreement with T.Y. Lin International (15T09) [38/100-2016]
Public Works Director Webb stated that the matter relates to the opposite corner as the prior
matter.
Mayor Dixon asked if the project had already been approved. Public Works Director Webb stated
discussions had resumed regarding possible uses for the site. He stated it was necessary to come up
with a comprehensive plan in order to obtain grants and begin the process.
Deputy Public Works Director Vukojevic presented a PowerPoint presentation to discuss the project
goals, possible bicycle route, possible future dog park, and timeline.
Council Member Petros discussed the need for improvements at Superior and Coast Highway and
level of service change that could occur with a pedestrian bridge. He stated he was successful in
accelerating the Upper Sunset View Park construction, it was paramount that the PB&R
Commission be involved, the use needed to acknowledge the high use on the bicycle route, and
suggested the park be open dawn to dusk and, if lighting were necessary, it be low level and views
not be impeded.
Council Member Selich expressed concern about the cost for the size of the park. Deputy Public
Works Director Vukojevic stated the principle was T.Y. Lin International and cost was due to
multiple components, and that the high degree of unknowns increased the cost.
Council Member Peotter expressed concern that a bridge designer was leading the charge when it
was simply a portion of the project. He stated he is not in favor of a dog park and suggested
creating a parking structure that is stepped up the hill. Public Works Director Webb stated the
proposed consultant had parking structure experience. Council Member Peotter believed that
Council should approve the final scope.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
Council Member Selich asked why an ALT survey was being conducted. Deputy Public Works
Director Vukojevic stated the survey would provide a comprehensive title. Public Works Director
Webb noted that this was not completed on Sunset Ridge. He discussed unknowns such as old oil
wells and structures. Council Member Selich expressed concern that it appeared to be a lot of
money for the project.
Council Member Petros suggested alternatives be limited or phased to reduce the overall cost and
scope. Deputy Public Works Director Vukojevic believed the project could be phased.
In response to Mayor Dixon's question, Public Works Director Webb stated the desire was to start
the process due to concerns about the need for improvements, limit on grant funding, and the
Coastal Commission process.
George Schroeder, West Newport Beach Association, expressed concern about the project being
rushed through without community input. He suggested tabling the matter until the parking lot in
Sunset Ridge Park was complete. He stated the Council Member from District 2 had indicated he
would contact him, but had not. He expressed concern about the cost for a concept plan, and noted
that the West Newport Beach residents would like a community center.
Robert Lasky expressed concern about the bridge blocking views. He stated the bike and pedestrian
traffic coming down Superior was going to the beach. He expressed concern about the potential
impact on property values and believed that resident input had not been garnered and overall
impacts need to be considered.
Council Member Petros stated he was invited and attended the Villa Balboa HOA meeting annually
and brought up the bridge. .4doft,
Steve Ray offered to work with staff to come up with solutions.
Nancy Skinner expressed concern about the location being close to the ocean and beach. She
suggested picnic tables rather than buildings.
Dennis Bress, Balboa Island, asked if a pedestrian tunnel had been considered. Public Works
Director Webb stated the grade differential made the bridge more feasible.
Motion by Council Member Petros, seconded by Council Curry, to continue the item to a
time appropriate as determined by staff to consider reductions in scope cost and provide phasing.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
17. At the Request of Council Member Peotter, Consider Waiving Council Policy A-6 (Open
Meeting Policies) so that the City Council May Consider Whether to: (1) Confirm the
Mayor's Appointment of a New Chairperson to the Finance Committee; (2) Remove
Council Member Curry from the Finance Committee; and (3) if Council Member Curry is
Removed from the Finance Committee: (a) Confirm the Mayor's Appointment of a New
Council Member to the Finance Committee; and (b) Remove the Newly Appointed
Council Member's Citizen Advisor Appointee from the Finance Committee [100-20161
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
Council Member Peotter explained the purpose of the Finance Committee and expressed concern
about the inconsistency of meetings. He suggested removing Council Member Curry and appointing
a community member. He requested waiving Council Policy A-6 to be able to discuss the matter.
Council Member Curry asked which issues he was bottling up. Council Member Peotter believed
Council Member Curry was stifling discussion on agendized issues and not allowing other matters
to be agendized.
Mike Glenn questioned whether it was a dire emergency for Council Member Curry to be removed
as quickly as possible. He urged Council to go through standard Council policy.
Jim Mosher agreed with Mr. Glenn, discussed Council Policy A-6 and the Brown Act, and
questioned how the City Manager placed the matter on the agenda.
City Manager Kiff discussed waivers discussed in Council Policy A-6.
Motion by Council Member Peotter, seconded by Council Member Duffield, to waive City
Council Policy A-6 relating to how a Council Member can place an item on the regular City Council
Meeting Agenda.
Ayes: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon, Mayor Dixon
Nays: Council Member Curry, Council Member Petros, and Council Member Selich
Motion by Council Member Peotter, seconded by Council Member Duffield, to remove
Council Member Curry as Chair of the Finance Committee and confirm Mayor Dixon's appointment
of Council Member Petros as the new Chair.
Mayor Dixon discussed the importance of citizen volunteers on Boards, Commissions and
Committees. She discussed the negative treatment of Finance Committee members and believed
the behavior was unacceptable, noting that Council Member Curry publicly insulted a committee
member in the newspaper. She personally apologized to Ms. Gorczyca for the public humiliation by
Council Member Curry and thanked her for her contributions to the Finance Committee. She
confirmed that Council Member Petros would accept the position as Chair of the Finance Committee
and suggested that Council Member Curry remain on the Committee.
Council Member Duffield discussed the need for budget review and emphasized volunteer
committee members and commissioners should be respected.
Council Member Curry stated that his comments in the newspaper were made after the matter was
placed on the agenda. He stated that the Finance Committee meetings are well attended so there
are witnesses to his actions. He explained that the committee had not reviewed the budget because
it had not yet been written and discussed Ms. Gorczyca's recommendation.
Mayor Dixon ruled Council Member Curry out of order. Council Member Curry stated he would not
be stifled. Mayor Dixon stated the discussion was about his leadership, temperament, civility and
lack thereof. Council Member Curry invited everyone to attend the Finance Committee on April 28,
2016, and stated the matter was about political retribution by the Mayor because her campaign
fundraising was in the newspaper.
Nancy Skinner stated that she does not condone bad behavior, but was concerned about financial
risk.
Dennis Bress stated that Council Member Curry has sound financial planning but was disgraced by
the Council's actions. He requested that the Mayor explain the allegations.
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City of Newport Beach
Study Session and Regular Meeting
April 26, 2016
Jean Watt asked the time of the meeting on April 28, 2016. Council Member Curry stated the
meeting is scheduled for 4:00 p.m.
Jim Mosher stated that he had not seen the newspaper article, but advocates for making recordings
of the public meetings more readily available to the public. He believed that it is not the
appropriate time to change the committee make up.
Mayor Pro Tem Muldoon commended Council Member Curry on his financial savvy but indicated
support for new leadership.
Council Member Petros stated he was humbled to lead the Finance Committee but wanted to be
able to deal with disruptions.
Council Member Selich stated he would not be supporting the motion and noted that he was
contacted by two members with opposing opinions. He commended Council Member Curry for his
service and believed it is wrong to remove him as Chair.
Mayor Dixon believed it is an insult to the community for Council Member Curry to insult members.
She clarified that no one on the Finance Committee would put the City in a position to jeopardize
any current financial program. She stated that Council Member Curry's letter to the editor was
egregious, therefore necessary to proceed with the proposed action.
Council Member Curry attempted to discuss Ms. Gorczyca's proposal and stated he called it
financially illiterate.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon, Mayor
Dixon
Nays: Council Member Selich, Council Member Curry
Abstain: Council Member Petros
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 10:47 p.m.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
April 21, 2016, at 4:00 p.m. The supplement agenda was posted on the City's website and on
the City Hall Electronic Bulletin Board located in the entrance of the City Council
Chambers at 100 Civic Center Drive on April 22, 2016, at 10:00 a.m.
City Clerk
Mayor
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